- 7 - As provided above, Mr. Rahill was to transfer all of his client records and work papers to petitioner, and petitioner assumed no liabilities and received no rights to any of Mr. Rahill's accounts receivable. There is attached to the agreement a list of the 206 clients who made up Mr. Rahill's accounting practice. The agreement calls for Mr. Rahill to refrain from soliciting the business of or otherwise performing services for any of the listed clients for a period of 4 years, unless expressly requested by petitioner. The agreement provides as follows: 4. Covenant Not to Compete Rahill agrees that, from and after the date of this Agreement for a period of four (4) years, he will not (unless acting upon a request of Welch), directly or indirectly, solicit business from the existing clients listed on Schedule A or perform directly or indirectly any service for any of the existing clients listed on Schedule A of a nature which could have been rendered by Welch. The agreement makes no provision for the abatement or termination of the payments to Mr. Rahill or his assigns in the event of Mr. Rahill's death or disability. The agreement contains Mr. Rahill's representation and warranty that the payments received under the agreement are for his covenant not to compete and that the payments would be reported for Federal income tax purposes as "ordinary income." The agreement states as follows:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011